RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03206
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to transfer his Post-9/11 GI Bill educational
benefits to his dependent son.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not informed of the requirement to transfer his Post-9/11
GI Bill entitlement while he was a member of the Air National
Guard. He would have transferred his benefits had he been
informed.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Oct 09, the applicant retired from the Air National Guard
in the grade of master sergeant (E-7).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force which is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1Y recommends denial, indicating the Post-9/11 GI Bill,
Chapter 33 became effective 1 Aug 09. An individual may
transfer the entitlement only while serving as a member of the
armed forces when the transfer is executed.
DoD developed a special website to facilitate the transfer of
educational benefits. On 27 Jun 09, the website was operational
for the purpose of accepting transfer of benefits applications.
Both the Directive-Type Memorandum (DTM) and AFI 36-2306 state
the transfer must be made while the member is serving in the
Armed Forces on or after 1 Aug 09. Both documents were
published on government-hosted websites prior to 1 Aug 09, the
effective date of the Post-9/11 GI Bill. The ANG implemented a
communication plan, using the Retention Office Managers (ROM) at
each Wing to serve as spokespersons to disseminate information,
to unit members, on the Post-9/11 GI Bill and Transfer of
Educational Benefits (TEB) program using internal media,
internal communication tools and external trade publications.
The ROM and GI Bill point of contact at the time the applicant
retired stated she conducted the same briefing provided by the
National Guard Bureau, with every member, either in person or
over the phone. The briefing contains a slide that states
members have to transfer their benefits before they leave the
military.
Based on the facts provided, the applicant did not transfer his
benefits to his dependents prior to his retirement and he has
not provided any evidence that his failure to do so was the
result of his being improperly briefed prior to retirement.
A complete copy of the NGB/A1Y evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that the Post-9/11 GI Bill was received at
his base on 1 Jul 09 and there was a lot of things going on with
the base closing, Airmen transferring, retiring, and still
flying aircraft. Although he cannot prove the phone
conversation he had with the ROM, she did tell him that he could
transfer his Post-9/11 GI Bill benefits at any time after he was
approved. As soon as he found out about the benefit,
approximately 15 Jul 09, he applied for the benefit. He
reiterates that he was not informed that he was approved for the
benefit until after he retired.
A complete copy of the applicants response is at Exhibit E.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. While we note
the steps the Air Force office of primary responsibility
indicates were taken to inform eligible personnel of this new
benefit, it appears that through no fault of the applicant, he
was not timely made aware of his eligibility and the steps
necessary to transfer his benefits to his dependents. In
addition we find no basis to question the applicant's account in
this matter and do not find it reasonable that he would have
knowingly elected not to pursue use of this important
entitlement. Therefore, we recommend the records be corrected
as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that on
1 August 2009, he elected to transfer his Post-9/11 GI Bill
Educational Benefits to his dependent.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03206 in Executive Session on 9 May 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jul 12, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, NGB/A1Y, dated 30 Nov 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 12 Mar 13.
Exhibit E. Letter, Applicant, dated 9 Apr 13.
Panel Chair
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